Supreme Court of Louisiana, 1995

State ex rel. Rushing v. Whitley

State ex rel. Rushing v. Whitley
Supreme Court of Louisiana · Decided November 13, 1995
662 So. 2d 464; 1995 La. LEXIS 2813; 1995 WL 672773 (Southern Reporter, Second Series)

State ex rel. Rushing v. Whitley

Opinion of the Court

In re Rushing, David; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Tammany, 22nd Judicial District Court, Div. “E”, No. 109,263; to the Court of Appeal, First Circuit, No. KW-931093.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Resentencing alone does not restart the three-year time period for applying for post conviction relief. Cf. State ex rel. Campbell v. Whitley, 93-0677 (La. 10/27/95), 661 So.2d 1367 (out-of-time appeal does restart three-year period).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.